An Official Intermediary for the Province of Ontario

An Official Intermediary for the Province of Ontario

How Do You Protect a Canadian Trademark? A Complete Guide for Amazon Sellers

Canadian Trademark Guide for Amazon Sellers

You protect your Amazon product with a Canadian trademark by filing an application with the Canadian Intellectual Property Office (CIPO), which gives you exclusive nationwide rights to your brand name, logo, or slogan for 10 years. Registration typically costs around $491 CAD for the first class of goods and takes about 12 months from filing to certificate, assuming no objections. Without it, you have no standing to stop a counterfeiter or a copycat listing from using your name on Amazon.ca.

That last part is the piece most first-time sellers miss. Amazon’s Brand Registry program – the tool that lets you report knockoffs, control your listings, and access A+ Content – requires an active trademark. No registration, no Brand Registry, no real enforcement power.

Why Amazon Sellers Specifically Need a Registered Trademark

Selling on Amazon puts your brand in front of millions of buyers, but it also puts your product photos, titles, and packaging in front of anyone willing to copy them. A common name or logo alone gives you almost nothing to fight back with.

Common-law trademark rights exist in Canada even without registration, based on actual use in the marketplace. But proving common-law rights in a dispute means proving where, when, and how extensively you used the mark  – often a slow and expensive process. A registered trademark flips that burden: the certificate itself is your evidence.

Practical example: A seller I worked with in Ontario had a private-label kitchen tool doing well on Amazon.ca under an unregistered brand name. A competitor started selling a near-identical product under a name one word off from theirs. Because they had no registration, Amazon’s counterfeit and IP complaint teams had almost nothing concrete to act on – the seller ended up spending more on legal consultations trying to establish prior use than a straightforward CIPO filing would have cost upfront. 

Registering a Canadian Trademark

Registering a trademark in Canada is completed through the Canadian Intellectual Property Office (CIPO). Follow these key milestones to protect your brand nationwide.

1

Search

Search the Canadian Trademarks Database for conflicting trademarks.

2

Classify

Select the correct Nice Classification for your goods and services.

3

File

Submit your trademark application online through CIPO.

4

Review

CIPO examines your application and may request additional information.

5

Register

After publication and any opposition period, your trademark is registered.


⏳ Processing Time

Average Registration: Around 12 months
Examination: Approximately 7–9 months
Opposition Period: 2 months

💡 Good to Know

Government filing fees are generally non-refundable. Filing the correct trademark classes and identifying conflicts before submission can save significant time and expense.

Need Help With Your Trademark?

Biz Ontario provides end-to-end trademark filing support, including trademark searches, application preparation, goods and services classification, and assistance responding to examiner objections. This can help reduce delays and improve the accuracy of your application.

Trademark SearchApplication FilingCIPO SupportAmazon Brand RegistryExaminer Responses

How Much Does a Trademark Cost in Canada?

As of 2026, CIPO’s online filing fees are $491.06 CAD for the first class of goods or services and $149.04 CAD for each additional class. These government fees are non-refundable even if the application is refused, which is exactly why a proper search before filing matters – you don’t get a second chance for free.

Fees aren’t frozen, either. On January 1, certain fees related to trademark applications and registrations increase annually in accordance with the Service Fees Act, so a filing next year will cost slightly more than one filed today.

If you hire a trademark agent or lawyer, expect additional professional fees layered on top. One Canadian firm structures its trademark packages as fixed-fee, starting from $999 CAD plus government fees, while others bill hourly – always ask for a fixed quote in writing before committing.

The good news: unlike patents, trademarks do not require annual maintenance fees – you only pay a renewal fee every 10 years.

Cost Breakdown Table

ItemApproximate Cost (CAD)
First class of goods/services (CIPO filing)$491.06
Each additional class$149.04
Trademark agent/lawyer (fixed-fee package)$999+
Renewal (every 10 years)Separate CIPO renewal fee applies
Annual maintenance feeNone (trademarks don't require this)

Canadian Trademark vs. US Trademark: What’s the Difference?

This is one of the most common points of confusion for Amazon sellers who list on both Amazon.ca and Amazon.com. The two systems are entirely separate.

Intellectual property rights are strictly territorial – a CIPO registration only protects you within Canada. If you want protection in the United States, you must file separately with the USPTO and pay their respective fees. Registering with CIPO does nothing to stop a US-based seller from using your brand name on Amazon.com, and vice versa.

FactorCanada (CIPO)United States (USPTO)
Governing bodyCanadian Intellectual Property OfficeUS Patent and Trademark Office
First-class filing fee~$491 CADVaries by filing basis, roughly $250–$350 USD per class
Term length10 years10 years
RenewalFee due, no annual maintenanceFee due, plus mid-term "Section 8" filings required
Use requirementNot required to file, but strengthens the applicationUse-based applications require proof of use
Territorial coverageCanada onlyUnited States only

If you sell in both markets, you generally need both registrations. Some sellers file in Canada first because it’s simpler for a business already incorporated here, then use that as a foundation for a US filing under international treaty provisions.

How Do You Check If a Trademark Is Available in Canada?

Before filing, search CIPO's free Canadian Trademarks Database . This lets you check for:

🔍 Search Canadian Trademarks Database

Identical Marks

Check whether the same trademark is already registered or pending in your relevant classes.

Confusingly Similar Marks

Identify trademarks with similar sound, appearance, spelling, or meaning that may create confusion.

Official Marks

Find official marks owned by public authorities that receive broader protection under Canadian trademark law.

Pending Applications

Review applications that are not registered yet but may still prevent your trademark from being approved.

Why a Trademark Search Matters

A database search catches obvious conflicts, but it will not identify every potential issue. Common-law use, unregistered trademarks, and complex confusion assessments may require professional review from a trademark agent.

Important: Since CIPO filing fees are generally non-refundable, completing a proper trademark availability search before filing can help avoid unnecessary costs and delays.

What Happens If Someone Infringes Your Trademark on Amazon?

Once registered, you can enroll in Amazon Brand Registry, which unlocks:

  • Direct reporting tools for counterfeit or copycat listings
  • Enhanced brand content and A+ pages
  • Amazon’s automated protections that scan for suspected infringement

Without registration, your options are largely limited to Amazon’s general IP complaint process, which carries far less weight than a report backed by a federal registration number.

Frequently Asked Questions

How long does it take to register a trademark in Canada?

Roughly 12 months for straightforward applications, with the examination stage alone taking 7 to 9 months. Objections or opposition can extend this timeline significantly.

Do I need a lawyer to register a trademark in Canada?

No. You are legally allowed to file your own applications directly through CIPO's online portal. Many sellers still hire a trademark agent to handle the search and any office actions, since filing mistakes and fees generally cannot be refunded.

Is a Canadian trademark valid in the US?

No. A CIPO trademark registration only protects your brand within Canada. US protection requires a separate filing through the United States Patent and Trademark Office (USPTO).

Do I have to renew my Canadian trademark every year?

No. Trademarks do not require annual fees. A Canadian trademark only needs to be renewed every 10 years, unlike patents which may require annual maintenance payments.

What's the difference between incorporating a business and registering a trademark in Canada?

Incorporation creates your legal business entity (federally or provincially), while trademark registration protects your brand name, logo, or slogan nationally through CIPO. They are separate processes, and having one does not grant you the rights provided by the other.

Written by Tetiana Diordytsia, marketing specialist at Biz Ontario | Updated Aug 7, 2026